Madan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66859 of 2023 Arising Out of PS. Case No.-173 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

MADAN SINGH SON OF LATE KAMTA SINGH RESIDENT OF VILLAGE- RUPIN, PS- CHAINPUR, DISTT- KAIMUR AT BHABUA 2.

SHER BAHADUR SINGH SON OF LATE KAMTA SINGH RESIDENT OF VILLAGE- RUPIN, PS- CHAINPUR, DISTT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP For the Informant :

Mr.Tribhwan Narayan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 504, 506, 354, 34 IPC. 3.

Allegedly, being annoyed over demand of fodder made by the informant from her mother-in-law, the petitioners fastened scarf on her neck and pushed down. Thereafter, they assaulted the informant with fists and kicks and torn her cloth with bad intention.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.66859 of 2023(2) dt.02-11-2023 2/2 occurrence, in the manner as alleged has ever taken place. There is general and omnibus allegation against the petitioners. Though there is allegation against them to assault the informant but the injury was found simple in nature. It is further submitted that parties are agnates and there is prior dispute between them. Petitioners have no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chainpur P.S. Case No.173 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T